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Police chiefs confused over whether they have authorised their spies to sleep with activists Police chiefs confused over whether they have authorised their spies to sleep with activists
(35 minutes later)
Have police chiefs authorised their undercover officers to have sexual relationships with women they are spying on?Have police chiefs authorised their undercover officers to have sexual relationships with women they are spying on?
It seems that even the police don't know the answer to that particular question. Sometimes, it seems the answer is a definite no, other times it is yes.It seems that even the police don't know the answer to that particular question. Sometimes, it seems the answer is a definite no, other times it is yes.
Over the last two years, police chiefs have given contradictory responses, and the official confusion was thrown into sharp relief this week.Over the last two years, police chiefs have given contradictory responses, and the official confusion was thrown into sharp relief this week.
Let's start back in January 2011, when the public first learnt that undercover spies Mark Kennedy and Jim Boyling had had relationships with campaigners, the position seemed clear.Let's start back in January 2011, when the public first learnt that undercover spies Mark Kennedy and Jim Boyling had had relationships with campaigners, the position seemed clear.
Jon Murphy, the senior police chief in charge of undercover operations, said it was "never acceptable" for undercover officers to sleep with people they were targeting.Jon Murphy, the senior police chief in charge of undercover operations, said it was "never acceptable" for undercover officers to sleep with people they were targeting.
He spelt out why it was never permitted "under any circumstances". He said: "It is grossly unprofessional. It is a diversion from what they are there to do. It is morally wrong because people have been put there to do a particular task and people have got trust in them".He spelt out why it was never permitted "under any circumstances". He said: "It is grossly unprofessional. It is a diversion from what they are there to do. It is morally wrong because people have been put there to do a particular task and people have got trust in them".
Wind the clock forward a year, and the position did not seem so clear-cut. Nick Herbert, the then minister in charge of policing, told Parliament (see here) that undercover officers could have sex with their targets. Otherwise, he warned, the spied-upon would have a ready-made test to rumble a suspected infiltrator. See this and this.Wind the clock forward a year, and the position did not seem so clear-cut. Nick Herbert, the then minister in charge of policing, told Parliament (see here) that undercover officers could have sex with their targets. Otherwise, he warned, the spied-upon would have a ready-made test to rumble a suspected infiltrator. See this and this.
Next it was the turn of Bernard Hogan-Howe, the Commissioner of the Metropolitan police, who told MPs that sexual relationships were not "part of the strategy", but then went on to suggest - in a 'boys-will-be-boys' kind of way - that they were "almost inevitable".Next it was the turn of Bernard Hogan-Howe, the Commissioner of the Metropolitan police, who told MPs that sexual relationships were not "part of the strategy", but then went on to suggest - in a 'boys-will-be-boys' kind of way - that they were "almost inevitable".
This August, three of the police chiefs in charge of undercover policing appeared to put the matter beyond doubt. It came in a letter (see here) from Mick Creedon, the Derbyshire chief constable running the internal police investigation into the conduct of undercover spies over the last four decades, to Harriet Wistrich, the lawyer for eight women taking legal action against the police.This August, three of the police chiefs in charge of undercover policing appeared to put the matter beyond doubt. It came in a letter (see here) from Mick Creedon, the Derbyshire chief constable running the internal police investigation into the conduct of undercover spies over the last four decades, to Harriet Wistrich, the lawyer for eight women taking legal action against the police.
Creedon is clear that he is speaking on behalf of the three most senior police officers in charge of undercover policing. "I have no hesitation in saying that we agree….that this type of intimate sexual relationship whilst undercover should never be authorised."Creedon is clear that he is speaking on behalf of the three most senior police officers in charge of undercover policing. "I have no hesitation in saying that we agree….that this type of intimate sexual relationship whilst undercover should never be authorised."
So what is going on then, when lawyers for the police seem to be arguing the opposite in the High Court this week?So what is going on then, when lawyers for the police seem to be arguing the opposite in the High Court this week?
As we have reported here and here, a group of women who say they were deceived into having long-term, intimate sexual relationships with undercover police officers are suing Scotland Yard. It is a long legal battle and the latest round was played out on Tuesday and Wednesday (see here for a report on it). As we have reported here and here, a group of women who say they were deceived into having long-term, intimate sexual relationships with undercover police officers is suing Scotland Yard. It is a long legal battle and the latest round was played out on Tuesday and Wednesday (see here for a report on it).
This is the key argument from the lawyers for the police who told the High Court :"It might in some circumstances be necessary and proportionate to authorise an undercover operative to engage in sexual contact in order, for example, to maintain cover, prevent serious crime and even save life".This is the key argument from the lawyers for the police who told the High Court :"It might in some circumstances be necessary and proportionate to authorise an undercover operative to engage in sexual contact in order, for example, to maintain cover, prevent serious crime and even save life".
They have also told the court that Mark Kennedy was authorised to establish and maintain sexual relationships with three women who are suing the police. He used these relationships to covertly gather information. This is set out at paragraph 37 of this judgment.They have also told the court that Mark Kennedy was authorised to establish and maintain sexual relationships with three women who are suing the police. He used these relationships to covertly gather information. This is set out at paragraph 37 of this judgment.
Perhaps one day the police will settle on what their true policy actually is and let the public know. Or maybe not.Perhaps one day the police will settle on what their true policy actually is and let the public know. Or maybe not.
Meanwhile, it is worth remembering what this is actually all about. Listen here to two women who told the BBC how they were duped into having long, meaningful relationships with police spies and were left devastated. On Woman's Hour on Friday morning were Helen Steel, who was deceived by undercover spy John Dines (read this and this for more) and 'Alison" who was tricked by another Special Demonstration Squad operative Mark Jenner (read this and this for more).Meanwhile, it is worth remembering what this is actually all about. Listen here to two women who told the BBC how they were duped into having long, meaningful relationships with police spies and were left devastated. On Woman's Hour on Friday morning were Helen Steel, who was deceived by undercover spy John Dines (read this and this for more) and 'Alison" who was tricked by another Special Demonstration Squad operative Mark Jenner (read this and this for more).
Also interviewed was Creedon. Incidentally, even in the week of the High Court case, Creedon reiterates what he appears to consider to be official policy - that sexual relationships between undercover officers and their targets "can never be justified, never should have been justified, never will be justified, and never will be in the future." Ho hum.Also interviewed was Creedon. Incidentally, even in the week of the High Court case, Creedon reiterates what he appears to consider to be official policy - that sexual relationships between undercover officers and their targets "can never be justified, never should have been justified, never will be justified, and never will be in the future." Ho hum.
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